The decision to settle your personal injury case should not be taken lightly. Often times, you’ve invested time and energy throughout litigation and settling may seem risky in light of all you’ve put into your case. However, whether to settle your case must be considered on a case-by-case basis and requires careful analysis by an experienced Oregon personal injury attorney. Here are a series of “What ifs” to carefully consider:
The other side makes a good offer
Sometimes, the best time to settle a personal injury case is when the other side makes a strong offer based on the value of your case. Strong offers are those that encompass all of your medical bills, losses such as time off of work, lost property, and your pain and suffering.
But is the settlement offer as good as the other side is telling you? Whether or not an offer is “good enough” depends on what the amount is, the facts of your case, and sometimes your own personal circumstances.
How do you know that whatever amount the other side offered you is just at their starting point? A good attorney will have a better idea of the worth of your case and whether you can negotiate a higher number. Moreover, experienced attorneys can help determine the true value of your case based on the nature and severity of your injuries, and their knowledge of how likely a jury will be to award the amount you are seeking. And, if your financial circumstances mean you are less likely to want to litigate a case for one or two years, then the other side’s offer may be good enough for you and your goals.
Fighting the case will cost more than the case is worth
The other side may also tell you that fighting your case will cost more than what it is worth. This is sometimes true, as the unfortunate reality is that litigation is costly and may not be worth it in every instance. If your injuries were minimal and your damages (including your medical bills and pain and suffering) are relatively low, litigating a case through trial (and beyond) simply may not be worth it. However, if your damages are still uncertain and there is a potential that your case may be valued much higher, it may not be time to settle just yet.
There are issues with your case
Settling is also a good tool to use if there is some evidence of negligence on your part and you may end up losing at trial or getting less than what you think the case is worth. Just because you were the injured party does not mean you were not at fault. Defense attorneys know this and will fight any case where it appears the plaintiff may have contributed to the accident. For example, if you darted in front of a car and were hit, the other side may argue that you contributed to the accident and should be barred from recovery. Or, if there is evidence you were on your cell phone at the time of the accident, the other side may argue you failed to pay attention to the road yourself. In these cases, settlement is usually the best strategy, as it at least ensures you walk away with something rather than nothing at all.
Contact Us
Settling your case can sometimes be the best option, but whether or not this is the case must be determined by an experienced personal injury attorney. If you are unsure of how settlement works, contact us, the experienced Oregon personal injury attorneys at ClarkeGriffin, LLC for a consultation today.
